SYLLABUS:
GS-3: Environment Conservation
GS-2: Important International Institutions, agencies for a structure, mandate.
Context: Recently, the International Court of Justice (ICJ) issued an advisory opinion declaring that all nations are legally obligated to address climate change.
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- It also added that those who do not act could be obliged to pay reparations for environmental harm.
- On March 29, 2023, the UN General Assembly (UNGA) adopted a resolution seeking an advisory opinion from the International Court of Justice (ICJ) regarding the obligations of countries under international law concerning climate change.
- Advisory opinions are not formally legally binding, they still possess considerable legal and moral weight and play a crucial role in shaping and clarifying international law by outlining states’ legal responsibilities.
- This move was initiated after extensive lobbying by vulnerable island nations, particularly the Pacific Island nation of Vanuatu.
- The initiative received broad global support, with over 130 countries co-sponsoring or backing the resolution.
- After years of lobbying by vulnerable island nations at risk of disappearing under rising sea levels, the UN General Assembly in 2023 requested an advisory opinion from the International Court of Justice (ICJ).
Key Findings of the Court
- States have a legal obligation to:
- Mitigate climate change and reduce greenhouse gas emissions.
- Protect the environment for current and future generations.
- Inaction on climate change may constitute an internationally wrongful act.
- Nations harmed by the impacts of climate change could be entitled to reparations.
- The court affirmed that a “clean, healthy, and sustainable environment” is a human right.
- Advisory opinion bolsters the legal foundation for loss and damage financing and supports stronger nationally determined contributions (NDCs).
India’s Position and Implications
- India is both the third-largest global emitter and highly vulnerable to climate impacts.
- It advocated for the principle of “common but differentiated responsibilities” and resisted obligations on fossil fuel subsidies.
- The ICJ opinion intensifies expectations on India to align development with robust climate action.
- India’s proactive judiciary may increasingly invoke the opinion under Article 21 of the Constitution (right to life and environment).
- Environmental laws in India currently lack a climate-specific focus; legal reform is needed to address systemic climate accountability.
International Court of Justice (ICJ)
- The ICJ was established in 1945 under the United Nations Charter and began its operations in April 1946. India is a founding member of the ICJ.
- It serves as the main judicial body of the United Nations.
- The official languages of court are English and French.
- It is headquartered at the Peace Palace in The Hague, Netherlands.
- Among the six principal UN organs, it is the only one not based in New York, USA.
- The ICJ resolves legal disputes between states and provides advisory opinions on legal matters referred by authorised UN organs and specialized agencies, in line with international law.
- The Court is composed of 15 judges, who are elected for terms of office of nine years by the United Nations General Assembly and the Security Council.
- It settles legal disputes between States in accordance with international law. The hearings of the ICJ are always public.
- The court has no jurisdiction to deal with applications from individuals, NGOs or private groups and it rules only on the rights and obligations of States.
- The ICJ cannot automatically decide all cases involving breaches of international law. It can only decide cases that are brought before it by States that consent to its jurisdiction.